Case Note & Summary
The petitioner, Renuka Vishnu Ghule, was appointed as a Member of the Child Welfare Committee, Aurangabad, by notification dated 02.06.2008. She later became the Chairperson. Complaints were received against the then Chairperson and Members, leading to a show cause notice on 08.02.2010. However, without any further notice or opportunity of hearing, the State Government issued a notification on 01.01.2014 removing the petitioner from the post of Chairperson, followed by consequential orders on 24.01.2014. The petitioner challenged these actions by filing a writ petition under Article 226 of the Constitution of India. The court considered the issue of whether the removal without affording an opportunity of hearing violated principles of natural justice. The court noted that the impugned notification and orders were passed without any show cause notice or hearing, which is a clear violation of natural justice. Consequently, the court quashed the notification dated 01.01.2014 and the consequential orders dated 24.01.2014, and directed the respondents to allow the petitioner to continue as Chairperson of the Child Welfare Committee, Aurangabad. The rule was made absolute with no order as to costs.
Headnote
A) Juvenile Justice - Removal of Chairperson - Natural Justice - Section 29, Juvenile Justice (Care and Protection of Children) Act, 2000 - The petitioner was removed as Chairperson of Child Welfare Committee by notification dated 01.01.2014 without any show cause notice or opportunity of hearing - The court held that the removal without hearing is violative of principles of natural justice and the notification is liable to be quashed - Held that the impugned notification and consequential orders are set aside (Paras 1-5).
Issue of Consideration
Whether the removal of the petitioner as Chairperson of the Child Welfare Committee without affording an opportunity of hearing is violative of principles of natural justice.
Final Decision
The court quashed the notification dated 01.01.2014 and consequential orders dated 24.01.2014, and directed the respondents to allow the petitioner to continue as Chairperson of the Child Welfare Committee, Aurangabad. Rule made absolute with no order as to costs.
Law Points
- Natural justice
- opportunity of hearing
- removal without notice
- violation of principles of natural justice
- quashing of notification
